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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011-2012) Page 2 of 2 <br /> ' <br /> 2.23 <br /> 2.24 <br /> 2.25 <br /> ,requirements of the zoning ordinance including <br /> 2.27 restrictions placed on nonconformities.Variances shall only be permitted when they are in <br /> 2.28 harmony with the general purposes and intent of the ordinance and when the variances are <br /> 2.29 consistent with the comprehensive plan.Variances may be granted when the applicant for <br /> 2.30 the variance establishes that there are practical difficulties in complying with the zoning <br /> ordinance. "Practical difficulties,"as used in connection with the granting of a variance, <br /> 2.32 means that the property owner proposes to use the property in a reasonable manner not <br /> 2.33 permitted by the zoning ordinance,the plight of the landowner is due to circumstances <br /> 2.34 unique to the property not created by the landowner,;and the variance,if granted,will not <br /> alter the essential character of the locality.Economic considerations alone sham do not <br /> 3.1 constitute <br /> practical difficulties.Practical difficulties <br /> 3.3 include,but is are not limited to,inadequate access to direct sunlight for solar energy <br /> 3.4 systems.Variances shall be granted for earth sheltered construction as defined in section <br /> 216C.06,subdivision 14,when in harmony with the ordinance.The board of appeals and <br /> adjustments or the governing body as the case may be,may not permit as a variance any <br /> 3.7 use that is not permitted allowed under the zAnin ordinance for property in the zone <br /> 3.8 where the affected person's land is located.The board or governing body as the case <br /> 3.9 may be,may permit as a variance the temporary use of a one family dwelling as a two <br /> 3.10 family dwelling.The board or governing body as the case may be may impose conditions <br /> 3.11 in the granting of variances limiee mid to pmteet adjaeent Floperfits-..A <br /> 3.12 condition must be directly related to and must bear a rough proportionality to the impact <br /> 3.13 created by the variance. <br /> 3.14 EFFECTIVE DATE.This section is effective the day following final enactment. <br /> Please direct all comments concerning issues or legislation <br /> to your House Member or State Senator. <br /> For Legislative Staff or for directions to the Capitol,visit the Contact Us page. <br /> General questions or comments. <br /> last updated 04/15/2009 <br /> vi ov/bin/bldbill. h ?bill=HO052.2.html&session=1s87 5/13/2011 <br /> h s://www.re sor.mn <br /> ttP g P P <br />